Saddam Nadaf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15260 of 2018 Arising Out of PS.Case No. -19 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ====================================================== Saddam Nadaf, S/o Yusuf Nadaf , R/o Village - Loma, P.S.- Gaighat, District- Muzaffarpur.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Hari Kishore Thakur, Advocate. For the State : Mr. Shyam Bihari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 30.01.2018 in a case for the offence registered under Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 680.185 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been

Patna High Court Cr.Misc. No.15260 of 2018 (4) dt.18-05-2018 2/2 implicated in the present case. It is alleged that total 680.185 liters wine is recovered from Pick-up Van in question. The petitioner is alleged to be the owner of the Pick-up Van. The petitioner had no knowledge regarding the nature of goods booked by the Transporter. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur, in connection with P.R.-10 of 2017-18, Excise Case No. 19 of 2018.

(Sudhir Singh, J) U.K./- U T